- 9 - respect to any transfer of property that is not subject to U.S. estate tax. [Emphasis added.] Treasury Department Technical Explanation of the Protocol Amending the Convention Between the United States of America and Canada (June 13, 1995), 4 Roberts & Holland, Legislative History of United States Tax Conventions 1366, 1403 (1996).8 Further, the Senate report from the Committee on Foreign Relations states: The proposed revised protocol obligates Canada and the United States to treat a decedent’s bequest to a religious, scientific, literary, educational, or charitable organization resident in the other country in the same manner as if the organization were a resident of the first country. Thus, for U.S. estate tax purposes, a deduction generally is allowed for a bequest by a Canadian resident to a qualifying exempt organization resident in Canada, provided the property constituting the bequest is subject to U.S. estate tax. [Emphasis added.] S. Exec. Rept. 104-9, at 10 (1995).9 These explanations clarify that, to take advantage of article XXIX B of the 1995 Protocol, 8 The technical explanation is the “official guide to the Protocol. It explains policies behind particular provisions, as well as understandings reached during the negotiations with respect to the interpretation and application of the Protocol.” Treasury Department Technical Explanation of the Protocol Amending the Convention Between the United States of America and Canada (June 13, 1995), 4 Roberts & Holland, Legislative History of United States Tax Conventions 1366 (1996). 9 We note that the Joint Committee on Taxation explanation of the 1995 Protocol provides further support that a deduction is allowed for U.S. estate tax purposes provided the property constituting the bequest is subject to U.S. estate tax. Joint Comm. on Taxation, Explanation of Proposed Protocol to the Income Tax Treaty Between the United States and Canada, at 9 (J. Comm. Print 1995).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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